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9 <br /> An Intergovernmental Cooperative Purchasing Agreement, dated for reference this 15th day of <br /> September, 2006, between the City of Colorado Springs, Colorado, a Colorado municipal <br /> corporation and home rule city (hereinafter referred to as the "City") and the City of Everett, <br /> Washington, a political subdivision of the state of Washington (hereinafter referred to as "Everett"). <br /> The City and Everett agree as follows: <br /> 1. The City of Colorado Springs, Colorado, is a Colorado municipal corporation and home rule city <br /> and the City of Everett, Washington, is a political subdivision of the state of Washington. Everett <br /> is authorized pursuant to its Charter and Ordinances to enter into cooperative purchasing agreements. <br /> The City is authorized pursuant to its home rule authority, Colorado Constitution Article XX, to <br /> enter into cooperative purchasing agreements. <br /> 2. The City entered into a contract, City Contract Number R002772 with the Gillig Corporation <br /> (hereinafter "Gillig")f or the acquisition of buses from Gillig. Paragraph 1.27 of the Request for <br /> Proposals incorporated into and made a part of Contract R002772 provides that " Any public agency <br /> (i.e. city,district,public authority,public agency,municipality and other political subdivision of any <br /> Federal Transit Administration- funded entity) shall have the option of participating in any award <br /> made as a result of this proposal at the same prices,terms and conditions. Requests for participation <br /> will be coordinated by the applicable governmental agency and that agency will be responsible for <br /> issuing their contractual document(s). Everett is a Federal Transit Administration - funded entity. <br /> 3. Pursuant to RFP paragraph 1.27 of Contract R002772 and subject to the terms and conditions of <br /> this Agreement, the City hereby consents to Everett acquiring, and assigns to Everett the rights to <br /> purchase, four(4) 40-foot, low floor buses in accord with that paragraph 1.27 and under the terms <br /> and conditions of Contract R002772. <br /> 4. Conditions of Assignment. Everett shall negotiate and contract for the purchase of the four(4) <br /> coaches, pursuant to the City's Contract R002772, directly with GILLIG, and pay Gillig directly in <br /> accordance with Everett's payment procedures. Any purchase made by Everett is not a purchase <br /> from the City. <br /> 5. The Contract Administrator of the City and the Purchasing Manager of Everett shall be the <br /> representatives of the Parties for carrying out the terms of this Agreement. <br /> 6. Waiver and Release. This Agreement is conditioned upon the execution of the attached Waiver <br /> and Release by GILLIG, and the delivery of the Waiver and Release to the City. <br /> 1 r06/304/rin sep 25 06/rm <br /> ` .7 <br />